MUFF WIGGLER Forum Index
 FAQ & Terms of UseFAQ & Terms Of Use   Wiggler RadioMW Radio   Muff Wiggler TwitterTwitter   Support the site @ PatreonPatreon 
 SearchSearch   RegisterSign up   Log inLog in 
WIGGLING 'LITE' IN GUEST MODE

IMPORTANT: Copyright, Intellectual Property & Misuse
MUFF WIGGLER Forum Index -> Announcements - Please read!  
Author IMPORTANT: Copyright, Intellectual Property & Misuse
Muff Wiggler
As stated in the terms of this site, it's forbidden to upload, sell, share or otherwise distribute copywritten materials or the intellectual property of others that you do not have express permission to distribute in this manner.

This issue arises with the sharing of digital materials (music, videos, etc) as well as with circuit designs.

The owner and moderators of this site are NOT experts in copyright or IP laws. Due to the popularity of the site we do not have time to investigate every posted circuit layout, piece of music etc. to determine if it constitutes infringement. Even if we did, there is so much 'grey area' around what is legal, what is 'inspired by' and what is an illegal use that it's impossible for us to make these determinations.

As you can imagine, this creates some challenges in terms of running a site that keeps everyone happy.

To help assist, we ask that forum users do not knowingly share, sell or upload materials that use the intellectual property of others unless they know this material has been approved for use in this fashion.

Additionally, if you feel that your own material is being mis-used here at the forum, please get in touch with myself or one of the moderators and we will remove the offending material. I realize this is a bit of a passive approach, but I hope that forum members will understand that unless we receive a complaint, it is impossible to determine the legitimacy of most materials posted here.

Please know that we will handle all complaints of copyright infringement seriously and will endevour to protect the rights of copyright holders and IP creators.

Thanks for your understanding and assistance with this issue which is of course an extremely important and sensitve one within a community of creative people.
Kyhotay
So how does this work with "Tribute" modules, that new Euro MiniMoog and the ARP 2600 clones? Does Studio Electronics have permission to re-create ARP, Moog, Oberheim, Yamaha, Roland, et al? Or would this be considered "fair use" of copyrighted designs?
Dr. Sketch-n-Etch
Kyhotay wrote:
So how does this work with "Tribute" modules, that new Euro MiniMoog and the ARP 2600 clones? Does Studio Electronics have permission to re-create ARP, Moog, Oberheim, Yamaha, Roland, et al? Or would this be considered "fair use" of copyrighted designs?

There's no such thing as a "copyrighted design" and all the patents on these circuits expired many years ago, and many of them were never really proprietary in the first place. Some schematics are copyrighted, but that only restricts the reproduction and distribution of the schematic itself, not the building (or marketing) of the circuit represented therein. I believe that these circuits are all fair game. Some of us print "for personal use only" on our schematics, but this is strictly on the honour system. There is no legal recourse for abuse of this dictum.
daverj
The general rule of thumb that this community generally goes by is:

If it's a very old design (30+ years) that is not being commercially produced, or the designers/originators have no plans to commercialize it, it is OK to clone it. If the designers are still around it is still a good idea to try and ask permission anyways. Chances are they will give their blessing.

If it is something currently in production, or recently in production, or where there are plans to produce them in the near future by the designer/originators, then it is a no-no.

If the designer is still around, asking permission, and respecting the answer, is encouraged. Most electronic designs used in modular synths are not covered by patents or copyright. Some names are still trademarked. This community recognizes that original designs are a form of intellectual property, and even though those rights might not hold up in courts, we try to respect those rights as much as possible.
Kyhotay
Actually there is copyright protection for industrial design. A Fender Stratocaster has a copyright which extends 50+ years beyond the life of its creator. Software is copyrightable, so a virtual MiniMoog can be copyright protected but a hardware MiniMoog can't, unlike the Animoog App, right?

Copyright generally protects "creative" endeavors. So I can see why an electronic circuit such as a voltage controlled transistor ladder low pass filter is not a copyrightable creative endeavor but the manner in which the circuit was realized is patentable with its decidedly shorter life span.

I'm just not convinced about this yet.
daverj
Kyhotay wrote:
A Fender Stratocaster has a copyright which extends 50+ years beyond the life of its creator.


Nope

If you read through the information at the copyright office you will find that things like guitar bodies can not be copyrighted. The copyright office is very clear on what exactly can be copyrighted. It is not for all "creative" things. You can copyright a drawing, but that only covers reproduction of that drawing. Not cutting wood in that shape.

Fender tried to trademark the shape, but it was denied.

http://www.musicradar.com/us/news/guitars/fender-loses-guitar-copyrigh t-case-201886

http://ttabvue.uspto.gov/ttabvue/v?pno=91161403&pty=OPP&eno=246
Kyhotay
Just goes to show you can't trust Wikipedia!

I thought that since ascetics can be copyrighted as creative expressions, than a particular style of an instrument could be. If so, it's a good things that pianos and trombones were invented before such protections were codified!
sduck
Friends, this isn't the correct place for any kind of debate about this. You're free to start a thread about this in an appropriate forum. And please, if someone can come up with the threads, post them there - this has been discussed many times in the past.
MUFF WIGGLER Forum Index -> Announcements - Please read!  
Page 1 of 1
Powered by phpBB © phpBB Group